Opinion
Case No. 04-12576-RS.
April 30, 2007
Pursuant to 11 U.S.C. sections 328 and 330, Rule 2016 of the Federal Rules of the Bankruptcy Procedure and Massachusetts Local Bankruptcy Rule 2016-1, McCarter English, LLP, formerly known as Gadsby Hannah LLP ("M E"), counsel to Donald R. Lassman, the duly-appointed chapter 11 trustee (the "Trustee") of STM Industries Inc. (the "Debtor"), hereby files this First Application For Compensation And Reimbursement Of Expenses (the "Application") for the period June 24, 2004 through and including August 24, 2004, the date of conversion to chapter 7 (the "Application Period"), seeking entry of an Order awarding M E compensation totaling $9,064.72, representing: (i) $8,508.00 for actual legal services rendered; (ii) $556.72 for reimbursement of actual expenses incurred. In support of the Application, M E respectfully represents as follows:
Procedural History
1. On March 30, 2004 (the "Petition Date"), the Debtor filed its voluntary petition for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") in the United States District Court for the District of Massachusetts (Eastern Division).
2. By Certificate of Appointment dated June 24, 2004, Donald R. Lassman was appointed trustee to the chapter 11 case.
3. On August 24, 2004, the chapter 11 proceeding was converted to a proceeding under Chapter 7.
4. On July 1, 2004, the Trustee filed an application to employ M E, as his counsel ("Counsel") for such professional services not limited to the following:
a. to provide legal advice with respect to the Trustee's powers and duties in the wind-down and liquidation of the Debtor's business and management of its property;
b. to prepare and file all necessary motions, notices, and other pleadings necessary to administer this chapter 7 case;
c. to prepare on behalf of the Trustee all necessary applications, motions, answers, orders, reports and other legal papers;
d. to appear in Court and to protect the interests of the Trustee and the estate before the Court; and
e. to perform all other legal services for the Trustee which may be necessary and proper in these proceedings.
5. By Order dated July 14, 2004, the Court approved M E's employment as Counsel. A copy of the Order is attached hereto asExhibit A. Effective June 1, 2006, GH merged with M E. For simplicity and because the majority of services provided to the Trustee were prior to the merger of GH and M E, the Application will refer to the services provided by GH.
Summary Of Professional Services
6. By this Application, GH respectfully seeks an award of compensation for professional services rendered for and on behalf of the Trustee during the Application Period in the aggregate amount of $9,064.72. The compensation sought by this Application reflects an actual blended hourly rate of $236.07 (exclusive of paralegal and law clerk time), which GH submits is quite reasonable given the complex nature of the issues confronted and the results achieved in this case.
7. In support of GH's Application for an award of professional compensation and expense reimbursement, GH submits the following supporting documentation, all of which is incorporated herein by reference: Exhibit Description
A Order Approving GH's Employment Application B GH Attorney Paralegal Biographies C Detailed Daily Narrative Report of Professiol Fees D Summary of Out-of-Pocket Expenses E Proposed Order Authorizing Payment of Fees and Expenses 8. Each of the foregoing reports is prepared and maintained by GH in the ordinary course of its business. With regard toExhibits C and D, respectively, these reports are prepared substantially contemporaneously with the performance of the professional services described or the incurring of the expense for which reimbursement is sought hereby. The hourly time charges set forth herein, and reflected in Exhibit C, represent the usual and customary rates charged by GH to its bankruptcy and non-bankruptcy clients for the types of services rendered herein.9. Between June 24, 2004 and August 24, 2004, GH rendered 38.20 hours to the Trustee at a blended rate of $236.07 (exclusive of paraprofessionals) per hour for a total charge of $8,508.00
Narrative Description of Services Rendered
10. Prior to the Petition Date, the Debtor purchased commercial real property located at 616-620 South Street, Holbrook, Massachusetts. The real property included several parcels: parcel one included a 20,653-square foot commercial building (Building "616"); parcel two included a 76,830-square foot commercial building (Building "620"); and the remaining real property consisted of unimproved land (the "Land") (collectively, the "Property").
11. On April 21, 2004, Boston Federal Savings Bank ("BFSB"), the holder of a first-priority security interest in the Property, filed a motion for relief from the automatic stay to foreclose upon the Property. Following several hearings and a continuance of the motion for relief, the Debtor requested the appointment of a chapter 11 trustee in this case. The Court granted the request and on June 25, 2004, Donald R. Lassman was appointed Trustee by order of the Court.
12. On August 24, 2004, upon the motion of the Trustee, the Court converted the case to a case under chapter 7 of the Bankruptcy Code.
13. The Trustee and BFSB negotiated a stipulation resolving BFSB's motion for relief whereby the Trustee committed to selling the Property and BFSB agreed to forbear for a fixed period to accommodate such efforts. The Trustee subsequently engaged a real estate broker to assist him in the sale process, but no buyers came forward. Accordingly, BFSB was granted relief from the automatic stay and foreclosed upon the Property.
14. During the Application Period, GH assisted the Trustee in his initial involvement in the case. GH worked with the Trustee to quickly gain control over the estate and the efforts made by Debtor and Debtor's counsel prior to the Trustee's appointment. GH then aided the Trustee in monitoring and enforcing the existing lease for the Property and investigating and pursuing causes of action belonging to the estate. Finally, GH worked closely with the real estate broker retained by the Trustee and with BFSB to coordinate the marketing and sale of the Property. When it became clear that this Debtor had no reasonable prospect of reorganization, GH successfully prosecuted the Trustee's motion to convert the case to a case under chapter 7.
Summary of Expenses Incurred
15. During the Application Period, GH has incurred actual and necessary expenses in connection with the rendering of services to and on behalf of the Trustee, in the amount of $556.72, for which neither GH nor M E has previously applied or received reimbursement. A summary of these out-of-pocket expenses is annexed hereto as Exhibit D and incorporated herein by reference. All expenses for which reimbursement is sought were incurred in connection with the rendering of professional services to the Trustee, and were reasonable and necessary.
16. From time to time GH has utilized certain services, including overnight couriers and long distance telephone conference services. There have been occasions when the Trustee required information and documents on an expedited basis. Although GH makes every effort to use regular postal services when possible, overnight delivery of documents and long distance conference calls were occasionally required.
17. GH has made every effort to minimize the out-of-pocket expenses incurred in connection with its representation of the Trustee in this case. GH believes the expenditures for which reimbursement is sought herein were appropriate and warranted. GH maintains detailed records of all out-of-pocket expenses incurred in connection with its representation of the Trustee. Accordingly, GH requests reimbursement of expenses incurred as counsel to the Trustee during the Application Period in the amount of $556.72.
Conclusion
18. This is the first request for compensation since the Petition Date. GH and M E hereby certify that they have not agreed to share compensation awarded in this case with any other person or entity.
WHEREFORE, for all of the foregoing reasons, M E respectfully requests that the Court enter an order, substantially in the form attached hereto as Exhibit E:
(a) awarding M E compensation totaling $9,064.72, representing:
(i) $8,508.00 for actual legal services rendered;
(ii) $556.72 for reimbursement of actual expenses incurred; and
(b) granting such other and further relief as just and necessary.
EXHIBIT A
UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS (Eastern Division) _________________________________ ) In re ) ) STM INDUSTRIES, INC., ) Chapter 11 ) Case No. 04-12576-CJK Debtor. ) ) _________________________________)APPLICATION OF DONALD R. LASSMAN, CHAPTER 11 TRUSTEE, FOR AUTHORITY TO RETAIN GADSBY HANNAH LLP AS COUNSEL
Donald R. Lassman, the duly appointed chapter 11 trustee (the "Trustee") of STM Thdustries, Inc. (the "Debtor"), hereby applies for entry of an order pursuant to section 27 of the Bankruptcy Code, Rule 2014 of the Federal Rules of Bankruptcy Procedure, and Rule 2014-1 of the Massachusetts Local Bankruptcy Rules ("MLBR"), authorizing the Trustee to retain Charles A. Dale III and the law firm Gadsby Hannah LLP ("GH") as this counsel in this case. In support of this Application, the Trustee represents as follows:Background
1. On March 30, 2004 (the "Petition Date"), the Debtor filed its voluntary petition for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the District of Massachusetts.
2. Prior to the Trustee's appointment on June 25, 2004, the Debtor continued in possession of its property and continued to operate and manage its business affairs as a debtor-in-possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code.
3. The Court has jurisdiction over this Application pursuant to 28 U.S.C. sections 157 and 1334. Venue is proper in this District pursuant to 28 U.S.C. sections 1408 and 1409. This is a "core" proceeding pursuant to 28 U.S.C. section 157(b). The statutory predicate for the relief sought herein is section 327(a) of the Bankruptcy Code.
4. Prior to the Petition Date, the Debtor purchased commercial real property located at 616-620 South Street, Holbrook, Massachusetts. The real property included several parcels: parcel one includes a 20,653-square foot commercial building (Building "616"); parcel two includes a 76,830-square foot commercial building (Building "620"); and the remaining real property consists of unimproved land (the "Land") (collectively, the "Property").
5. Liens on the Property include a first mortgage to Boston Federal Savings Bank ("BFSB"), securing indebtedness in the approximate amount of $2,400,000, and a second mortgage to First International Bank, securing indebtedness of approximately $76,000 (collectively, the "Liens"). The Trustee has not had an opportunity to review the validity or extent of the Liens, and accordingly expressly reserves his right to do so.
5. Building 616 is currently leased to Paul Cottam, d/b/a Holbrook Sports Club, at a rental rate of approximately $7,350 per month, plus taxes, utilities and insurance. Building 620 is currently vacant. Upon information and belief, the Debtor has valid and enforceable claims against prior tenants of Building 620 on account of lease breaches.
7. The Debtor derives its income substantially from the rent generated by the Property.
8. The principal of the Debtor, Stephen T. Moscone, has executed a personal guaranty to BFSB to secure the obligations of the Debtor to BFSB. The rents collected by the Debtor allegedly constitute cash collateral securing such obligations.
9. On April 21, 2004, BFSB filed a motion for relief from the automatic stay to foreclose upon the Property. BFSB alleges that the Debtor was in default of its obligations. Following several hearings and continuance of the motion for relief, the Debtor requested the appointment of a chapter 11 trustee in this case. The Court granted the request, and on June 25, 2004, Donald R. Lassman was appointed Trustee by order of the Court.
Relief Reguested
10. By this Application, the Trustee seeks to employ and retain GH as his counsel in connection with the fulfillment of his duties as Trustee in this chapter 11 case.
11. The Trustee has selected GH as his attorneys because of the firm's extensive experience and knowledge in the field of debtors' and creditors' rights and business reorganizations under chapter 11 of the Bankruptcy Code. Since it was contacted by the Trustee, GH has become familiar with the Debtor's business affairs and many of the potential legal issues which may arise in the context of this chapter 11 case. As a result, GH is well suited to represent the Trustee in these proceedings.
12. Subject to Court approval in accordance with sections 330(a) and 331 of the Bankruptcy Code, compensation will be payable to GH on an hourly basis, plus reimbursement of actual, necessary expenses and other charges incurred and regularly charged by GH. Subject to Court approval, GH will bill for legal services in accordance with its ordinary and customary rates in effect on the date services are rendered. GH's current standard hourly rates range from $330 to $500 for partners, $195 to $300 for associates, and $100 to $140 for paraprofessionals. GH's hourly rates are subject to periodic adjustments to reflect economic and other conditions.
13. The hourly rates set forth above are GH's standard hourly rates for work of this nature. These rates are set at a level designated to fairly compensate GH for the work of its attorneys and paralegals and to cover fixed and routine overhead expenses.
14. It is also GH's policy to charge its clients in all areas of practice for all other expenses incurred in connection with the client's case. The expenses charged to clients include, among other things, telephone and telecopier toll and other charges, mail and express mail charges, special or hand delivery charges, document retrieval, photocopying charges, travel expenses, expenses for "working meals," computerized research, and transcription costs. GH will charge the Trustee for these expenses in a manner and at rates consistent with charges made generally to GH's other clients. GH believes that it is more fair to charge these expenses to the clients incurring them than to increase the hourly rates and spread the expenses among all clients.
15. The professional services that GH will render to the Trustee include, but shall not be limited to, the following:
a. to provide legal advice with respect to the Trustee's powers and duties in the continued operation of the Debtor's business and management of its property;
b. to prepare and file all necessary motions, notices, and other pleadings necessary to administer this chapter 11 case;
c. to prepare and pursue approval of a disclosure statement and confirmation of a plan of reorganization;
d. to prepare on behalf of the Trustee all necessary applications, motions, answers, orders, reports and other legal papers;
e. to appear in Court and to protect the interests of the Trustee before the Court; and
f. to perform all other legal services for the Trustee which may be necessary and proper in these proceedings.
16. To the best of the Trustee's knowledge, and except as disclosed in the attached affidavit of Charles A. Dale III, Esquire (the "Dale Affidavit"), GH has not represented the Debtor's creditors, bond holders, or any other parties in interest, or their respective attorneys, in any matter relating to the Debtor or its estate.
17. To the best of the Trustee's knowledge, and except as disclosed in the Dale Affidavit, GH does not hold or represent any interest adverse to the Debtor's estate, GH is a "disinterested person" as that phrase is defined in section 101(14) of the Bankruptcy Code, and GH's employment is necessary and in the best interests of the Debtor and its estate.
WHEREFORE, the Trustee respectfully requests entry of an order, substantially in the form attached hereto, authorizing the Trustee to employ and retain GH as his counsel and granting such other and further relief as is just and proper./s/Donald R. Lassman
Respectfully submitted, DONALD R. LASSMAN, Chapter 11 Trustee, _________________________________ Donald R. Lassman (BBO #545959) Law Office of Donald R. Lassman P.O. Box 920385 Needham, MA 02492 Telephone: (781) 455-8400 Dated: June 29, 2004EXHIBIT B
REBECCA M. FALLON
Rebecca M. Fallon is a Business Reorganization and Bankruptcy paralegal. Ms. Fallon primarily supports the Bankruptcy Group, but also assists the Business Law Group and the Litigation Group. Her duties include organization and analysis of documents, fact investigation, claims analysis, and drafting of pleadings. She has worked extensively in the commercial bankruptcy area, having worked very closely with a major consumer financial institution.Prior to working as a paralegal, Ms. Fallon was a legal secretary for ten years and is a graduate of the Boston Business School.
WALTER B. HOWELL III
Walter B. Howell III is a member of the Real Estate/Environmental Group. Mr. Howell's practice focuses on commercial real estate leasing, real estate acquisition and disposition, secured lending, and environmental and land use issues. Prior to joining McCarter English, LLP, Mr. Howell worked as an associate with a large law firm in Boston focusing on commercial leasing and affordable housing development. Mr. Howell has also worked as an intern with the Conservation Law Foundation, the Organized Crime Division of the U.S. Attorneys Office, and Federal Magistrate Judge Hon. Lawrence P. Cohen.
Mr. Howell holds a B.A. from Oberlin College, a M.A in English from the University of New Hampshire and a J.D. from Northeastern University School of Law.
ALEX F. MATTERA
Alex F. Mattera is an associate in the Business Reorganization and Bankruptcy Group. Mr. Mattera focuses his practice on commercial bankruptcy, bankruptcy litigation, business reorganization, and creditor and debtor rights. His representations include debtors, creditors' committees, trustees, secured creditors, and other parties in interest. Mr. Mattera is admitted to practice before the Supreme Judicial Court for the Commonwealth of Massachusetts, the United States District Court for the District of Massachusetts, the United States Court of Appeals for the First and Third Circuits, and the United States Supreme Court. He is also a member of the American, Massachusetts and Boston Bar Associations, and the American Bankruptcy Institute.
Prior to joining McCarter English, LLP, Mr. Mattera was law clerk to the Honorable James F. Queenan Jr., former Chief Judge of the United States Bankruptcy Court for the District of Massachusetts. He also served an internship with the Office of the United States Trustee, and was a student editor of the treatise Chapter 11 Theory Practice: A Guide to Reorganization.
Mr. Mattera earned a B.A. in political science and Russian studies (with honors) from the University of Rhode Island in 1994, a M.A. in international relations from Boston University in 1997, and a J.D. from Boston College Law School in 1998.
EXHIBIT C
In re STM Industries, Inc. Case No. 04-12576-RS DATE TIMEKEEPER NARRATIVE HOURS VALUE
6/27/2004 FALLON, REBECCA M. RECEIVE E-MAIL FROM A. MATTERA. ACCESS PACER — DOWNLOAD AND PRINT DOCKET AND ALL 1.20 174.00 PLEADINGS. 6/28/2004 FALLON, REBECCA M. REVIEW 20 LARGEST ETC., FOR INTEREST PARTIES. DISCUSS WITH A. MATTERA. DISCUSS REAL ESTATE 1.00 145.00 WITH A. MATTERA AND M. HURLEY. 6/28/2004 MATTERA, ALEX F. MEETING WITH LASSMAN, KROCK, DEBTOR, DEBTOR COUNSEL, DEBTOR BROKER AT PREMISES TO 4.60 1,012.00 REVIEW STATUS AND ALL OPEN MATTERS, PROPERTY VALUE AND CONDITION. 6/28/2004 MATTERA, ALEX F. DRAFT APPLICATION TO EMPLOY GH, TOGETHER WITH AFFIDAVIT AND PROPOSED ORDER. 0.70 154.00 6/28/2004 MATTERA, ALEX F. DRAFT APPLICATION TO EMPLOY KROCK AND LANDMARK, TOGETHER WITH AFFIDAVIT AND PROPOSED 0.50 110.00 ORDER. 6/29/2004 FALLON, REBECCA M. PREPARE DECLARATIONS RE ELECTRONIC FILING. 0.40 58.00 6/29/2004 MATTERA, ALEX F. REVISIONS TO APPLICATIONS TO EMPLOY GH AND LAND MARK. 0.50 110.00 6/29/2004 MATTERA, ALEX F. TELEPHONE CONFERENCES WITH MEL HOFFMAN REGARDING CONTINUANCE AND REVIEW DRAFT 0.40 88.00 MOTION TO CONTINUE, AND CONFERENCES REGARDING INSURANCE ISSUES. 6/29/2004 MATTERA, ALEX F. TELEPHONE MESSAGE TO TENANT REGARDING INSURANCE COVERAGE. 0.20 44.00 6/29/2004 MATTERA, ALEX F. LENGTHY TELEPHONE CONFERENCE WITH R. MCLEOD REGARDING STATUS OF STATE COURT LEASE 0.30 66.00 SUITS. 6/29/2004 MATTERA, ALEX F. STATUS CONFERENCE WITH TRUSTEE. 0.40 88.00 6/30/2004 MATTERA, ALEX F. TELEPHONE CONFERENCES WITH TRUSTEE AND PARTIES IN INTEREST REGARDING STATUS AND 0.40 88.00 STRATEGY. 6/30/2004 MATTERA, ALEX F. TELEPHONE CONFERENCES AND CORRESPONDENCE WITH KROCK, TRUSTEE, REGARDING 0.30 66.00 APPLICATION TO EMPLOY LAND MARK. 6/30/2004 MATTERA, ALEX F. REVIEW AND REVISE STATUS REPORT AND CONFERENCES WITH TRUSTEE RE: SAME. 0.40 88.00 7/2/2004 MATTERA, ALEX F. COORDINATE SERVICE AND MONITOR BANK AND INSURANCE ISSUES. 0.40 98.00 7/6/2004 MATTERA, ALEX F. REVIEW AND RESOLVE OPEN MATTERS WITH RESPECT TO INSURANCE COVERAGE AND NUMEROUS 0.70 171.50 TELEPHONE CONFERENCES WITH D. LASSMAN. 7/6/2004 MATTERA, ALEX F. NUMEROUS TELEPHONE CONFERENCES WITH PAUL COTTAM AND D. LASSMAN REGARDING OPEN 0.60 147.00 INSURANCE ISSUES AND PROPERTY STRATEGY. 7/8/2004 MATTERA, ALEX F. DRAFT CORRESPONDENCE TO DEBTOR'S COUNSEL REGARDING TURNOVER. 0.30 73.50 7/8/2004 MATTERA, ALEX F. RESOLVE OPEN INSURANCE ITEMS. 0.40 98.00 7/8/2004 MATTERA, ALEX F. DRAFT MOTION TO CONVERT CASE TO CHAPTER 7. 0.70 171.50 7/9/2004 FALLON, REBECCA M. ACCESS CASE DOCKET RE SERVICE LIST. PREPARE CERTIFICATE OF SERVICE. ELECTRONICALLY FILE 0.80 116.00 MOTION TO CONVERT WITH CERTIFICATE OF SERVICE AND ARRANGE FOR SERVICE OF SAME. 7/9/2004 MATTERA, ALEX F. REVISIONS TO MOTION TO CONVERT AND COORDINATE FILING. 0.90 220.50 7/12/2004 MATTERA, ALEX F. TELEPHONE CONFERENCES AND CORRESPONDENCE WITH D. LASSMAN, P. SHAHEEN, R. FINE, 0.90 220.50 REGARDING STATUS OF MATTERS, PENDING LITIGATION, LIENS, CLAIMS AND INSURANCE. 7/13/2004 MATTERA, ALEX F. CORRESPONDENCE WITH BANK COUNSEL REGARDING INSURANCE, SALE STRATEGY. 0.40 98.00 7/19/2004 FALLON, REBECCA M. RECEIVE E-MAIL FROM A. MATTERA. ARRANGE PREPARATION OF NOTICE OF HEARING AND 0.30 43.50 CERTIFICATE OF SERVICE. 7/19/2004 MATTERA, ALEX F. REVIEW REPORT AND RELATED MATERIALS PREPARED BY DAVID KROCK. 0.50 122.50 7/19/2004 MATTERA, ALEX F. TELEPHONE CONFERENCES AND CORRESPONDENCE WITH D. LASSMAN REGARDING LIFT STAY 0.30 73.50 HEARING ON 7/20/04. 7/19/2004 HOWELL, WALTER B. CONFERENCE WITH ALEX MATTER RE: LEASE AND TITLE; REVIEW LEASE; EMAIL MEMOSTO ALEX 2.20 506.00 MATTER; BEGIN REVIEWING TITLE RUNDOWN 7/20/2004 MATTERA, ALEX F. PREPARE FOR AND ATTEND HEARING ON MOTION FOR RELIEF BY BANK, STATUS REPORTBY D. 0.90 220.50 LASSMAN. 7/20/2004 MATTERA, ALEX F. CONFERENCES WITH D. LASSMAN AND BANK COUNSEL REGARDING MOTION FOR RELIEF AND 0.30 73.50 STRATEGY, STIPULATION. 7/20/2004 MATTERA, ALEX F. TELEPHONE CONFERENCE WITH D. KROCK REGARDING SALE PROPOSAL AND PROPERTY 0.20 49.00 MANAGEMENT, RENT COLLECTIONS. 7/20/2004 MATTERA, ALEX F. CONFERENCE WITH C. DALE REGARDING STATUS AND STRATEGY. 0.30 73.50 7/20/2004 MATTERA, ALEX F. LETTER TO DEBTOR'S COUNSEL REGARDING TURNOVER OF ESTATE PROPERTY. 0.20 49.00 7/21/2004 MATTERA, ALEX F. REVIEW OPEN LEASE ISSUES AND CORRESPONDENCE WITH W. HOWELL. 0.50 122.50 7/21/2004 HOWELL, WALTER B. REVIEW MISSING PAGE TO LEASE. E-MAIL UPDATE TO ALEX MATTERA. 0.30 69.00 8/3/2004 HOWELL, WALTER B. CONFERENCE WITH A. MATTERA; REVIEW TITLE DOCUMENTS 0.80 184.00 8/3/2004 MATTERA, ALEX F. CORRESPONDENCE WITH TRUSTEE REGARDING OPEN MATTERS AND STRATEGY. 0.30 73.50 8/3/2004 MATTERA, ALEX F. LETTER TO TENANT P. COTTAM REGARDING RENT AND INSURANCE ISSUES. 0.20 49.00 8/3/2004 MATTERA, ALEX F. REVIEW KROCK STATUS OF SALE EFFORTS. 0.20 49.00 8/3/2004 MATTERA, ALEX F. BEGIN DRAFT MOTION FOR 2004 EXAM OF MOSCONE. 0.40 98.00 8/3/2004 MATTERA, ALEX F. REVIEW AND REVISE STIPULATION DRAFTED BY BANK. 0.40 98.00 8/3/2004 MATTERA, ALEX F. REVIEW STATUS AND MERITS OF PREPETITION LITIGATION AND CONFERENCES WITH C.DALE. 0.50 122.50 8/3/2004 MATTERA, ALEX F. TELEPHONE CONFERENCES AND CORRESPONDENCE WITH J. ALTER AND D. SWANSON REGARDING 1.10 269.50 TRAVELERS DISPUTE AND REVIEW FILES. 8/4/2004 FALLON, REBECCA M. P/C/AND RECEIVE E-MAIL FROM A. MATTERA. 0.10 14.50 8/4/2004 HOWELL, WALTER B. CONTINUE REVIEWING TITLE DOCUMENTS; CONFERENCE WITH A. MATTERA RE: PRIORITY OF 1.60 368.00 MORTGAGES 8/4/2004 MATTERA, ALEX F. COMPLETE DRAFT AND REVISIONS OF 2004 MOTION. 0.70 171.50 8/4/2004 MATTERA, ALEX F. TELEPHONE CONFERENCES WITH PAUL COTTAM, TENANT OF DEBTOR, REGARDING PAYMENT OF RENT 0.30 73.50 AND INSURANCE ISSUES. 8/4/2004 MATTERA, ALEX F. REVIEW STIPULATION BETWEN BOSTON FEDERAL SAVINGS BANK AND ESTATE AND 0.30 73.50 CORRESPONDENCE WITH M. HOFFMAN. 8/4/2004 MATTERA, ALEX F. CONFERENCES WITH W. HOWELL REGARDING VALIDITY OF BANK'S SECURITY INTEREST IN PROPERTY 0.20 49.00 OF THE ESTATE. 8/5/2004 FALLON, REBECCA M. ACCESS PACER AND CHECK MAILING LIST STATUS; PREPARE CERTIFICATE OF SERVICE. CONVERT 0.80 116.00 DOCUMENTS TO PDF FORMAT. ELECTRONICALLY FILE 2004 MOTION AND ARRANGE FOR SERVICE OF SAME. 8/5/2004 MATTERA, ALEX F. REVIEW DRAFT SETTLEMENT PLEADINGS BY BANK AND CORRESPONDENCE WITH BANK, TELEPHONE 0.40 98.00 CONFERENCE WITH D. LASSMAN, REGARDING REVISIONS TO SAME. 8/10/2004 MATTERA, ALEX F. REVIEW OPEN ISSUES WITH RESPECT TO MONTHLY OPERATING REPORTS. 0.40 98.00 8/10/2004 MATTERA, ALEX F. TELEPHONE CONFERENCES WITH TENANT P. COTTAM REGARDING INSURANCE AND RENTALISSUES. 0.40 98.00 8/10/2004 MATTERA, ALEX F. TELEPHONE CONFERENCES WITH D. LASSMAN REGARDING STATUS, STRATEGY AND DISPOSITION OF 0.30 73.50 VARIOUS PENDING MATTERS. 8/10/2004 MATTERA, ALEX F. REVIEW AVAILABLE MATERIALS AND TELEPHONE CONFERENCES AND CORRESPONDENCE WITH 0.80 196.00 COUNSEL R. MCLEOD REGARDING STATUS OF PENDING PREPETITION CAUSES OF ACTION. 8/12/2004 MATTERA, ALEX F. REVIEW AND RESOLVE OPEN ISSUES WITH RESPECT TO RENT PAYMENT BY TENANT. 0.50 122.50 8/12/2004 MATTERA, ALEX F. COORDINATE EXECUTION AND FILING OF AFFIDAVIT BY SPECIAL LICENSING COUNSEL, W. SCHREIBER. 0.40 98.00 8/18/2004 FALLON, REBECCA M. P/C'S CLERK'S OFFICE RE 2004 MOTION. 0.30 43.50 8/20/2004 FALLON, REBECCA M. O/C H. O'DONNELL RE 2004 EXAMINATION. P/C CLERK'S OFFICE RE 2004 EXAMINATION. REVIEW SERVICE 0.40 58.00 LIST AND CALL CLERK RE SERVICE OF MOTION. 8/23/2004 FALLON, REBECCA M. RECEIVE E-MAIL FROM A. MATTERA RE 2004 MOTION. DISCUSS SAME WITH A. MATTERA. PLACE CALL TO 0.30 43.50 ATTY. DAVIS; FOLLOW UP E-MAIL TO A. MATTERA. 8/24/2004 MATTERA, ALEX F. PREPARE FOR AND ATTEND HEARING ON MOTION BY TRUSTEE TO CONVERT CASE TO CHAPTER 7 AND 2.10 514.50 FOLLOW-UP WITH TRUSTEE. 8/24/2004 MATTERA, ALEX F. REVIEW AVAILABLE MATERIAL WITH RESPECT TO PENDING STATE COURT ACTIONS BY DEBTOR 0.60 147.00 AGAINST FORMER TENANTS.EXHIBIT D
In re STM Industries, Inc. Case No. 04-12576-RS EXHIBIT D BUSINESS MEALS $ 9.00 COURT/AAA FILING FEES $ 15.00 GROUND TRANSPORTATION PARKING $ 122.50 OFFICE PHOTOCOPY $ 162.75 OUTSIDE RESEARCH EXPENSE $ 9.45 OUTSIDE TITLE EXAMINER $ 112.00 OVERNIGHT COURIER $ 15.96 PARKING $ 32.00 POSTAGE $ 78.06 __________ $ 556.72EXHIBIT E
UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS (Eastern Division) _________________________________ In re STM INDUSTRIES, INC. Chapter 7 Case No. 04-12576-RS Debtor _________________________________ORDER APPROVING FIRST APPLICATION OF MCCARTER ENGLISH, LLP, COUNSEL TO DONALD R. LASSMAN, TRUSTEE, FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES
Upon the first application of McCarter English, LLP, formerly known as Gadsby Hannah LLP ("M E"), counsel to Donald R. Lassman, the duly-appointed chapter 11 trustee (the "Trustee") of STM Industries Inc. (the "Debtor"), for an allowance of compensation and for reimbursement of expenses pursuant to 11 U.S.C. section 328 and 330 for the period June 5, 2002 through and including August 24, 2004 ("Application Period"), and adequate notice of such application having been given, IT IS ORDERED:
a. The Application is approved;
b. M E is allowed an award of compensation for professional services rendered to the Trustee during the Application Period in the amount of $8,508.00 for actual and necessary legal services;
c. M EGH is allowed an award of reimbursement of its actual, necessary expenses incurred during the Application Period totaling $556.72;
d. the Trustee is authorized and directed to promptly pay to M E the amounts awarded herein.SO ORDERED this ______ day of ______________, 2007 ___________________________ Honorable Robert Somma United States Bankruptcy Court